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The classic distinction in international relations between mutual
assistance in criminal matters and mutual administrative assistance
has become diffuse. A blurring of transnational policy issues in
the struggle against fraud continues to hamper efficient
cooperation between states, despite the increasing interaction of
national enforcement agencies supported by automated systems and a
growing number of supranational institutions with enforcement
powers. Particularly among the member states of the European Union,
the disparate law of international cooperation needs to be examined
and clarified, in terms both of instruments and of legal
guarantees. This book offers an English translation, updated to
mid-2001, of a Dutch study which appeared earlier that year. The
study was originally commissioned by the Dutch Ministry of Justice,
which recognized that the way to clear standards of cooperation lay
through in-depth comparative research into the relevant law,
practice, and recent experience of several major national
jurisdictions. A five-member research group worked with the help of
the Willem Pompe Institute of Criminal Law and Criminology, the
Foundation for the Promotion of Criminal Law Research, and the
Utrecht Faculty of Law's Centre for Enforcement of European Law. In
order to focus meaningfully on the theme of combating fraud in its
most significant current manifestations, the researchers restricted
their study to customs law, fiscal law, and agricultural law in
four EC countries. Among the core legal matters investigated are
the following: exchange of enforcement data; performance of acts of
investigation; the "moment" in each legal system at which it is
necessary to switch from administrative assistance to assistance in
criminal matters; and the manner in which national systems of
evidence deal with evidence from abroad. Based on a close study of
legislation and case law in each of the four countries-in addition
to numerous personal interviews-the analysis clearly identifies the
legal problems, and makes recommendations as to how transnational
administrative law and cooperation in criminal matters may be most
effectively arranged.
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